A few question about wills.

[AimsmumTheRedNoseReindeer]

I have been thinking about making a will and I have a few questions and I was hoping someone would be able to help. Please
Ok bit of background.
I have been seperated from DDs father for just under a year. We were never married. He is named on the birth certificate, but he never signed a parental responsibility form. He sees her fairly regularly.
If I were to make a will, could I state that if anything were to happen to me that I would want DD to live with my mum, which DD would also prefer.
Her father is very unreliable has no permanent address etc. Or would he just get automatic custody in the event of my death.
Also how much does it cost to make a will.
I'm in scotland if that makes a difference.
Thanks in advance

In England/Wales, You can express your wishes & preferences about who gets your DD if you die, but these will be subject (second) to other laws.

I don't myself know anything about parental responsibility, etc., but I would guess your DH does have a mighty claim to her, regardless of what you put in the will.

I am guessing you could get a will done for about £100-£150. Bump this up Friday am when Throckenholt/robin might be around; she just got one drawn one up... in England, but still might have insights.

Message deleted

hi aimsmum

you can appoint your mum as guardian, your ex doesn't have any rights legally if you weren't married when your dd was born,even if his name is on the birth certificate.
you should appoint at least two guardians though, just in case something happens to your mum.
i work for a firm of will writers by the way, so i do know something about it.
we charge £75 +vat for a single will, though i suppose charges can vary. we are based in england so i don't know what they are charging in scotland, shouldn't be too much difference though.hope this helps

DH has written some articles for Mumsnet about wills and related stuff. They should be going live with them in the next few days according to DH.

DH is a solicot, partner at a large firm in Sheffield, specialising in this area of Law. I will go and ask him your questions if you like. BRB.

Sorry - just read you are in Scotland. DH practises in England. The law is different in Scotland sorry.

Hi Everyone, Thanks very much for your information. I think I will try to look into it more tomorrow.
The law in Scotland always seems to cause problems when you are looking for advice
Thanks again.

At least in England you appoint a guardian for children in a will (in our case we appointed 2 - which is quite rare according to the solicitor). They also suggested you make the executor not the same person as the guardian so that no one person has complete control over the money - you can do this by having joint executors if you want the guardian to be one as well.

I think we paid (or will pay when we finally remember to check the final draft and send it back about £140 for 2 wills).

I think you need to talk to a solicitor about the legal status your DDs father has (before and after your potential death).

Thanks for your advice throckenrobin, I will look into it further.

just found this - may be of interest

2.5 It is a common misconception that being named as the father in the register of births confers parental responsibilities and rights. It does not. Joint registration takes place where

• both the mother and the person acknowledging himself to be the father have attended the registrar's office and signed the register together; or
• the mother produces a statutory declaration by the person acknowledging himself to be the father and she declares in the prescribed form that he is the father; or
• the father produces a statutory declaration by the mother that he is the father, and he acknowledges himself in the prescribed form to be the father.

www.scotland.gov.uk/justice/familylaw/pac-01.asp

I did a sort of 'fill in the blanks' will which you can buy in WH Smiths and it only cost £10. It's perfectly legal and allowed me to put who I should like to look after DS if needs be as well as all the regular who gets what sort of thing. Not actually sure if it's valid now I come to think of it since I don't live in the UK now!

I would definitely recommend going to see a solictor who specialises in this area of law. He/she will have trained iin this area for a few years and will be able to answer your questions quickly and set your mond at ease. A good will may cost you £100-£150 for a couple, but it can save you much much more when it is needed.

Sorry to say this but home made iwlls are generally known as the solicitor's friend. DH can make much more money out of probate dealing with home made, or poorly drafted wills, than he can from writing a will in the first place. Even when things are seemingly simple - it's all to do with wording and ensuring that the ophrases used can only be taken in one way only. Things like punctuation (or lack of it - wills often shouldn't contain any!) can make a huge difference.